Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Repetition

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including sample copies of court decisions indicating the penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.